Frequently Asked Questions
In speaking with our clients, we have compiled a list of frequently asked questions that come up when a person has been injured or killed in a trucking accident. To help assist you, we have answered these questions in an easy-to-understand format. However, there is no substitute for a one-on-one consultation with The Gooch Firm, P.C. Please contact our office as soon as possible to work with a legal professional today.
Retaining an Attorney:
When do I need to contact a lawyer after a trucking accident?
You need to contact an attorney as soon as you can to make sure that evidence is properly gathered and your rights are protected. At The Gooch Firm, P.C. we work with you to make certain the proper steps are taken to build the strongest case possible. Trucking litigation is very complex. Something as simple as naming an incorrect party as the responsible entity may result in harm to your case. Without an attorney on your side, your case can be lost before it even begins.
What makes your firm different from other firms?
Above all, we treat our clients with attention and respect and give each case our individual dedication. Complementing our care we have a comprehensive understanding of the importance of the state and federal regulations governing trucking companies. In my experience as a Utah 18 Wheeler Personal Injury Attorney
some firms sign up a trucking case without the proper knowledge and experience to generate adequate results. You can take comfort in knowing that your case will be handled professionally and that the end result will meet your expectations.
Is there any state or federal regulations governing truck drivers?
Yes there are many regulations imposed upon commercial trucks. Truck drivers are expected to follow all rules of the road obeyed by regular drivers as well as many other regulations to enforce safety. Many of the laws, rules, regulations, and guidelines are created and enforced by the Federal Carrier Safety Administration and the National Highway Traffic Safety Administration. Both entities work to promote safety and save lives. Please visit their websites to find out more about truck safety laws and cite specific regulations.
Trucking Safety Questions:
What are some of the dangers associated with large trucks and tractor trailers?
The most dangerous aspect of a gigantic truck of this size is its size and weight. These factors account for many factors that can cause accidents and take lives. Due to the size of a truck, there can be problems with visibility and blind spots. There is also a great chance of the trailer swaying into another driver’s lane of traffic, or the trailer tipping over. Because of the weight of these large vehicles they have a hard time stopping and often collide into vehicles in their path.
What are some of the causes of tractor-trailer accidents
and collisions on America’s highways and secondary roads?
There is an array of reasons that can cause or lead to trucking accidents. To compound this, human error is often amplified directly in part to the nature of the strenuous trucking injury. It is most troubling when these incidents are the direct results of the negligence of the driver. iI more care was shown, then perhaps the accident would never have occurred. Furthermore, truckers are often pushed too far beyond their limitations to meet a deadline, thereby causing them to be fatigued or distracted. Another large factor of wrongful action to the victim is when drivers do not follow their company’s protocol of safety. Examples of this include the oversight of maintaining the integrity of the vehicle or failure to properly use hazard lights at appropriate times. Below are the main causes of typical trucking accidents and collisions:
• Fatigue or drowsy driving
• Bald or faulty tires
• Ineffective breaks
• Intoxicated driving
• Unsafe passing
• Unbalanced Loads
• Insufficient training for truck drivers
• Traveling too fast for road conditions
• Unfamiliar roadway
Do I need to see a doctor after my accident even if I feel fine?
Simply put yes. There are a lot of parts of your body that are extremely fragile. You can easily mistake a seemingly harmless symptom for something dangerous or even deadly. For example:
Brain Damage: The brain is an extremely delicate part of your body. If your brain was hurt in a wreck you might not realize that affects right away. You may begin to experience memory relapses or headaches. These could be sure telling signs of damage to the brain.
Nerve damage: Nerve damage can also cause trouble that might not surface right away. You may attribute your feeling a little odd or different after the wreck to nothing more than a sore muscle. Whiplash, a concussion or even something worse could be happening and you may not even realize it.
Skull Fractures: As previously stated, the brain is fragile. This is why the skull is made so tough. Even though the skull can take a pretty good beating, it is not uncommon for an auto accident victim to have hairline stress cracks in the skull.
These are just some examples of common side effects of a trucking crash that go dismissed or unnoticed altogether. For your safety always seek medical attention after a crash, collision or accident.
Who can be sued in a trucking accident lawsuit?
Generally, the employer of the truck driver, or the proprietor of the trucking company will be held accountable for the actions of their employee. When an employer is held responsible for the negligence or misbehavior of an employee it is known as vicarious liability theory or imputed negligence theory. As long as the driver was doing their job and was following company standard, and taking reasonable safety precautions then the company will almost always be held accountable, i.e. the entity that is being sued. However, some limitations may be applicable. For example if the truck driver was using the company vehicle without permission, outside of business hours. The driver individually will be held accountable, not the company. Too, the truck driver may carrier their own insurance policy that you can also make a claim again. It is very important that the right party be summoned, and held responsible. An experienced attorney will help you look at your case and make the right decisions.
What damages can be recovered in a truck accident lawsuit?
At The Gooch Firm, P.C. we relentlessly fight to help our clients recover for all of their damages. Whatever damages you have suffered, whether they are mental, emotional, physical, or financial, we will make it our duty to recover for you. This means: Medical bills
• Non-Economic damages such as pain and suffering
• Lost Job / Time off Work
• Out of Pocket Expenses
• Property Damage
• Future medical treatment
• Future pain and suffering
The list can go on to include virtually any damage you have suffered due to the negligence of another. Remember that you and your attorney are a team, and only together can you properly assess and demand all reparations for damages caused to you.
Is there any information I should get to support a potential claim?
The more information you can gather for your attorney the more effectively and efficiently your case can be handled. This means gathering a list of potential witnesses to the accident, obtaining a police report, keeping a detailed journal, going to a doctor to get your treatment documented and handled, and keeping track of your healing process. To make a case you need as much evidence as possible.
Again this is just a quick helpful guide to the common questions you may encounter during the development and progression of your case. Remember during your time of need you can never get enough help. In terms of financial recovery from your trucking accident there is no substitute for an experienced and professional attorney. For top notch results in your trucking accident, trucking crash, or trucking collision contact a Utah 18 Wheeler Personal Injury Attorney